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Herbert v. Brantford (City), 2012 ONCA 98

Jun 13, 2017

The appellant brought an appeal before the Court disputing costs awarded to the respondent for injuries sustained on a public biking trail following the decision of the trial judge. The Court concluded that The City’s failure to maintain the biking trail to the standards established under Occupiers Liability Act amounted to a total disregard of the respondent’s safety. The City was deemed partially liable for the respondent’s injuries which resulted in tetraplegia. The Court of Appeals dismissed the appeal to recuperate medical costs while granting a leave to appeal the compounding of interest on said costs. Additionally, the respondents were awarded $15,000.00 for their costs of the appeal.

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